(9) An application to a Judge in Court under paragraph (8) of this rule, shall be made within 10 days after the
Judge's refusal to give leave
(10) Where leave to apply for judicial review is granted, then(a) if the relief sought is an order of prohibition or certiorari and the Court so directs, the grant shall operate as a
stay of the proceedings to which the application relates until the determination of the application or until the
Court otherwise orders;
(b) if any other relief is sought, the Court may at any time grant in the proceedings such interim relief as could be
granted in an action begun by writ.
4. (1) Subject to the provisions of this rule, where in any case the Court considers that there has been undue
delay in making an application for judicial review or, in a case to which paragraph (2) of this rule applies, the
application for leave under rule 3 of this Order is made after the relevant period has expired, the Court may
refuse to grant(a) leave for the making of the application; or
(b) any relief sought on the application,
if in the opinion of the Court the granting of the relief sought would be likely to cause substantial hardship to or
substantially prejudice the rights of, any person or would be detrimental to good administration.
(2) In the case of an application for an order of certiorari to remove any judgment, order, conviction or other
proceeding for the purpose of quashing it, the relevant period for the purpose of paragraph (1)of this rule, is three
months after the date of the proceeding.
(3) Paragraph (1) of this rule is without prejudice to any statutory provision which has the effect of limiting the
time within which an application for judicial review may be made.
5. (1) Subject to paragraph (2)of this rule, when leave has been granted to make an application for judicial
review, the application shall be made by originating motion, except in vacation when it may be made by
originating summons to a Judge in chambers.
(2) Where leave has been granted and the Judge or Court so directs, the application may be made by motion to a
Judge sitting in open court or, by originating summons to a Judge in chambers.
(3) The notice of motion or summons shall be served on all persons directly affected and where it relates to any
proceedings in or before a court and the object of the application is either to compel the Court or an officer of the
Court to do any act in relation to the proceedings or to quash them or any order made therein, the notice or
summons shall also be served on the Clerk or Registrar of the Court and, where any objection to the conduct of
the Judge is to be made, on the Judge.
(4) Unless the Court granting leave has otherwise directed, there hall be at least 10 days between the service of
the notice of motion or summons and the day named therein for the hearing.
(5) A motion shall be entered for hearing within 14 days after the grant of leave.
(6) An affidavit giving the names and addresses of, and the places and dates of service on, all persons who have
been served with the notice of motion or summons shall be filed before the motion or summons is entered for
hearing and, if any person who ought to be served under this rule has not been served, the affidavit shall state
that fact and the reason for it, and the affidavit shall be before the Court on the hearing of the motion or
summons.
(7) If on the hearing of the motion or summons the Court is of opinion that any person who ought, whether under
this rule or otherwise, to have been served has not been served, the Court may adjourn the hearing on such terms
(if any) as it may direct in order that the notice or summons may be served on that person.